Construction Accidents and the Four Elements of a Tort

Anytime someone is injured in a serious accident, they are typically met with costly medical bills, loss of income from missed work, and a range of painful physical and emotional issues that they must deal with. When their injury was caused by another individual or group’s actions-or lack of action- they may have grounds for a lawsuit under what is known as “tort law”. Under tort law, if a certain person or entity acted negligently, and the result was an injury or illness befalling another individual, they may be liable for that injury. With legal action, they be forced to offer financial compensation. When it comes to tort law, there are four elements which make up the “Tort”. If you were involved in an accident on a construction site, you may have a legitimate cause for legal action on your hands if the following criteria are met:

1.) Duty of Care – The construction company in question had a responsibility to the injured individual to avoid actions that could lead to an accident.
2.) Duty of Care Breached – The construction company violated that responsibility by failing to train their employees, failing to warn people of hazards, or some other instance of negligence
3.) Someone was injured – Construction companies may act negligently, but there must be an injury to accompany that negligence in order for a civil suit to take place
4.) Proximate Cause – Finally, in order for a legitimate tort to exist, the injury experienced by the plaintiff must be a result of the breach of duty of care. If the injury was due to something other than the construction company’s negligence, then there are no grounds for a lawsuit

If you or a loved one was injured in a construction accident and all of these elements were present, it is likely that you have a case for a personal injury lawsuit. To learn more about your legal options, contact an experienced construction accident lawyer as soon as possible.

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